All deeds transfer ownership, but they don’t all offer the same protection. In Florida, the two you’ll hear about most are the warranty deed and the quitclaim deed — and choosing the wrong one can leave the new owner exposed.
Warranty deed
A warranty deed comes with promises. The seller guarantees they own the property free and clear and will defend the title against any claim — even one that predates their ownership. This is the deed used in nearly every arm’s-length sale, because it gives the buyer the strongest protection.
- Guarantees clear title and the right to sell
- Protects the buyer against prior claims and defects
- Standard in transactions where money changes hands
Quitclaim deed
A quitclaim deed transfers whatever interest the person happens to have — with no guarantee that they own anything at all. If it turns out there was a defect or a competing claim, the new owner has no recourse against the person who signed.
- No warranty of clear title
- Common between family members, spouses, or into a trust/LLC
- Fast and simple — but only appropriate when trust and title are already clear
A quitclaim deed is not “worse” — it’s just a different tool. The mistake is using it in a sale, where the buyer needs the guarantee a warranty deed provides.
When each makes sense
Buying from a stranger? You want a warranty deed. Adding a spouse to title, moving your own property into a trust, or clearing up a name after a divorce? A quitclaim may be perfectly appropriate. There’s also the enhanced life-estate (“lady-bird”) deed, which can pass Florida property at death while avoiding probate.
Get the transfer right the first time
The deed you download online may be the wrong instrument for your goal — and deed mistakes can create title and tax problems that surface years later. We prepare and record the correct deed and confirm it does what you actually intend.